Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
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Warwick, RI 02886
DECISION
FILE NO.: 060012
LOCATION OF PREMISES: 1170 Main Street, West Warwick
APPLICANT: West Warwick Town Manager 1170 Main Street West Warwick, RI 02893
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2009-02-13
The above-captioned case was scheduled for hearing on October 7, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Jackson, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Albert Heroux of the West Warwick Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the abstention vote of Commissioner Blackburn.
FINDINGS OF FACT
	As a result of the testimony taken and the documents presented during the October 7, 2008 hearing on this matter, the Board finds that the subject facility is a complex containing the Town Hall, along with the Police and Fire Departments.  The Board further finds that the Applicant has requested relief from the fire alarm provisions of section 13.8.10.5.3 in order to eliminate the audible notification appliances on the first and second floors of the fire department.  The Board notes that visual notification will be installed in these areas.  The Board further finds that the request is consistent with the provisions of section 13.8.9.4.4.4 which permits this arrangement in the police department.  The Board further finds that both departments (police and fire) are staffed twenty-four hours a day and seven days a week.  The Board further finds that the Towns emergency dispatch centers could be disrupted by the audible notification appliances.  Finally, it is the understanding of the Board that the West Warwick Fire Marshal's Office has no objection to the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.8.10.5.3 in order to allow the Applicant to eliminate audible notification appliances on the first and second floors of the Fire Department area of this municipal complex.  In granting this relief, the Board directs that visual notification appliances will be installed.  Finally, the Board notes that the West Warwick Fire Marshal's Office has no objection in light of the fact that audio notification appliances in these areas could disrupt the dispatch function of the Fire Department.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].
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